1. Open Hardware: Why and How
John Ackermann N8UR
October 2013
Copyright 2013 John Ackermann

2. About John
In-house counsel for tech company; specialize in software licensing
Amateur radio operator (N8UR)
“Time-Nut”
TAPR Past President and Board member
Product designer
Author of TAPR OHL

3. Why Open Hardware?
Open Hardware is shaped by the same goals that led to the development of Open Source Software:
Community-building
Sharing forward and backward
Continuing improvement
It's really the continuation of what makers have been doing for 100+ years...

4. Open Hardware: A New Idea?

5. But Then This Happened...

6. And This!

7. And This!!!

8. What's an Amateur To Do?
How can hobbyists create new electronic designs when parts are microscopic and all the cool stuff is hidden inside chips with hundreds of pins?
Are we doomed to become “appliance operators?”

9. Old Stuff Was Complicated, Too....
HBR-16 Receiver, circa 1963

10. But Wait a Minute...
It's easier to develop state-of-the art projects now than it was ten years ago!
Free/Affordable design tools
On-line PCB manufacturers
Toaster ovens!

11. So, Why Open Hardware? (Part 2)
Hardware developers wear many hats:
Electronic design
Circuit board layout
“Design for Manufacture”
Assembly
Test
You're more likely to find these skills in a group, rather than one individual
Open Hardware helps build communities around projects

12. By the Way...

13. GPL Encourages a Community for Software
In the software world, the FSF General Public License is the preeminent “reciprocal” license
No restrictions on using GPL software
But if you distribute it to others you must make source available
If you modify and distribute, your modifications must also be GPL'd and you must make source available
This creates a community where users benefit from each others' improvements

14. Why Can't We Just Use The GPL?
Almost all software licenses – especially the GPL – are built around copyright
Copyright protects expression of an idea; patents protect the idea itself
Copyright can't stop you from building the design shown in a schematic
Patents can, but are expensive and have other problems

15. Legal Possibilities
Software license model doesn't work because copyright control doesn't extend to products
Patent license model would work fine, if only we had patents
Trade secret/NDA model is contrary to our whole point
Trademark could work for an “ecosystem” design, but it's not simple
Traditional contract is the most feasible

16. OH License Characteristics
Addresses copying, modification, and distribution of documentation
Addresses manufacture and distribution of products based on that documentation
Protection against product liability may be important

17. The Open Hardware License Landscape
Early attempts – Chumby HDK License, Balloon Open Hardware License
TAPR OHL
CERN OHL
Solderpad Hardware License
Creative Commons?
HDL?

18. TAPR OHL
Can be used for any hardware project – it doesn't have to be connected with TAPR
Mirrors GPL for hardware environment; has “copyleft” requirement
Applies only to hardware, not software, firmware or VHDL/Verilog
Public comment period during development
Version 1.0 approved by TAPR in 2007
Version 1.1 is in the works now

19. TAPR OHL Legal Structure
OHL (despite its name) operates as a contract, not simply a license
Not reliant on copyright (but doesn't reject it, either)
Valid contracts require consideration – a bargained-for exchange
OHL consideration is (a) developer grants right to use documentation, and user agrees to comply with license terms; and (b) each party grants the other “patent immunity”
OHL is based on U.S. law, but structure applies in most countries

20. How the OHL Works
Defines “Documentation” (the description) and “Products” (the stuff)
Allows you to distribute Documentation
Allows you to modify Documentation
Modifications are subject to OHL
Allows you to make and distribute Products
No obligations for personal use
If you distribute, you must make design files available
If you use Documentation, you agree not to claim patent infringement against others for their use

21. CERN OHL
Sponsored by CERN; authored by Myriam Ayass; project coordinated by Javier Serrano
Based on GPL model and contains “copyleft” requirement
Applies to hardware only; does not cover software, firmware, or code loaded into devices
Original version somewhat CERN-centric; new v1.2 is licensor-neutral

22. Solderpad License
Written by Andrew Katz and based on Apache License v2.0
Current version is 0.51
Non-copyleft; no sharing requirement
Addresses hardware products only obliquely (includes them within the definition of “Object Code”)
Includes patent license grant

23. What about Creative Commons?
Great for letting people know what they can do with your documentation
But like other copyright-oriented licenses, doesn't address turning the design into a physical product

24. What about FPGA and CPLD Programs?
There's been lots of discussion about how to license VHDL/Verilog and similar “code”
General view is that is covered by copyright very much like traditional software
But no courts have addressed the question
Most OH licenses don't go there; it's hard enough to address “pure” hardware issues; adding loadable code increases complexity
My recommendation: use your favorite OSS license

25. Resources The TAPR OHL home page: http://www.tapr.org/OHL
The CERN OHL home page:
The OSHA home page:
Contacting me:

26. BACKUP: USING THE TAPR OHL

27. Using an OHL Project
You may modify the documentation and make products based upon it.
You may use products for any legal purpose without limitation.
You aren't required to make modifications available to others unless you distribute products.

28. Using the OHL For a New Project
Include the OHL document in a LICENSE.TXT or LICENSE.PDF file that is included in the documentation package.
Include a notice like Licensed under TAPR Open Hardware License (
Each documentation file
On PCB artwork
On product label

29. Distributing OHL Documentation and Products
You may distribute unmodified documentation, but you must include the complete package as you received it.
You may distribute products you make to third parties, if you either:
Include the documentation on which the product is based, or
Make it available without charge for at least three years to anyone who requests it.

30. Modifying an OHL Project
Non-distributed modifications don't carry any requirements.
You may distribute modified documentation or products based on it, if you:
License your modifications under the OHL.
Include the modified documentation, following the requirements stated below.
the modifications to developers who've provided their address. This is a good faith obligation – if the fails, you need do nothing more. (NOTE: this goes away in V1.1)

31. Documentation Details
Any time the OHL requires you to make documentation available to others, you must include all the materials you received from the upstream licensors.
If you create modified documentation:
List them in a CHANGES.TXT file with a notice that “These modifications are licensed under the TAPR Open Hardware License.”
Include the new design or manufacturing files when you distribute documentation or products.

32. Documentation Details
You must include both “before” and “after” versions of all files you modified.
You may include files in proprietary formats, but you must also include open format versions (such as Gerber, ASCII, Postscript, or PDF) if your tools can create them.